Street, Drainage and Building 101 between the site of the building and the line of the back-lane or intended back-lane immediately opposite such site and, if requisite, that portion of the intended back-lane which abuts on such site when added to in the manner described in subsection (3) acquired, the local authority shall request the State Authority to acquire such land and such portion of the intended back-lane for the purpose of the same respectively being added to the holding in respect whereof the plan has been submitted and forming part of the back-lane and shall notify the owner accordingly. (5) For the purpose of subsection (4), in relation to the Federal Territory reference to the State Authority shall be construed as reference to the Government of the Federation. Prohibition of building on insanitary ground 76. (1) No new building shall be erected on any ground which has been filled up with any matter impregnated with faecal, animal or vegetable matter or upon which any such matter has been deposited unless and until such matter has been properly removed by excavation or otherwise or has been rendered or become innocuous. Penalty (2) Any person who does, causes or wilfully permits any act in contravention of this section shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction. Buildings over public sewers, private connection pipe, etc., not to be erected without consent of local authority *77. No building shall be erected over any public sewer, private connection pipe, public surface or storm water drain, culvert, water *NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
102 Laws of Malaysia ACT 133 course, river or stream or any water main, electric cable or wire without the prior written permission of the local authority or the controlling statutory authority concerned as the case may be. Removal of roofs and walls made of combustible materials 78. (1) Any person who, being the owner of any building which external roof is or walls are made of grass, leaves, mats, attaps or other combustible materials and which is less than twenty-five feet from any other building separately occupied or from any street, does not remove such roof or walls, as the case may be, within ninety days after a notice to do so has been served on him, shall be liable on conviction to a fine not exceeding one hundred ringgit for every day during which such default continues after service of notice. Renewal or repairing with combustible materials (2) Any person who after service of such notice issued under subsection (1) makes, renews or repairs any building with any combustible materials as are mentioned in subsection (1) or causes any such building to be so made, renewed or repaired shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day he suffers or allows the same to remain after conviction, and a Magistrate’s Court shall, on the application of the local authority, make a mandatory order requiring the building to be pulled down. Erection of compartments, galleries, lofts, etc., in buildings 79. (1) No person shall erect or cause or permit to be erected in any building any partition, compartment, gallery, loft, roof, ceiling or other structure without having the prior written permission of the local authority. (2) In every such case the owner shall be presumed until proved to the contrary to have commenced or carried out such erection.
Street, Drainage and Building 103 Local authority may remove (3) The local authority, its agents or servants may enter any such building and remove any partition, compartment, gallery, loft, roof, ceiling or other structure which has been erected without the prior written permission of the local authority in which event the person in default or if the person in default is unknown or untraceable or even if traceable is unable to pay the expenses incurred, the owner shall pay to the local authority the costs and expenses of— (i) demolishing such structure; (ii) removal of the movable property found in the building at a rate which may be prescribed by the local authority for every trip made by wagon or transporting vehicle for the purpose of the removal and storage; (iii) storing the movable property at a rate which may be prescribed by the local authority if it is not claimed on the day the movable property is removed; (iv) any other activities incidental to or arising out of paragraphs (i), (ii) and (iii), and shall be deemed to have indemnified the local authority against any claim, damage, loss, action or proceeding that may be brought against the local authority including any cost and expenses arising out of and incidental to paragraphs (i), (ii), (iii) and (iv). (4) Without prejudice to subsection (3) any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction. Movable shed not to be erected without permission 80. Any person who erects or causes or permits to be erected, keeps or permits to be kept on his land or the land which he occupies any
104 Laws of Malaysia ACT 133 movable shed or movable structure intended to act as a roof without the prior written permission of the local authority shall be guilty of an offence and shall on conviction be liable to a fine of one thousand ringgit and the Magistrate’s Court shall on application of the local authority, make a mandatory order requiring such person to remove such movable shed or structure. Local authority may cause drains to be made for premises which are not properly drained *81. (1) If any premises is at any time not drained of waters other than sewage to the satisfaction of the local authority by a sufficient drain or pipe communicating with some drain or some other place at which the local authority is empowered to drain waters other than sewage, and if there are such means of drainage within one hundred feet of the boundary of such premises, the local authority may give a notice in writing requiring the owner thereof to construct or lay for such premises a drain or pipe of such materials, of such size, at such level and with such fall as it may specify for the draining of such premises. (2) If the owner fails to comply with such notice within thirty days from the date thereof, a Magistrate’s Court shall, on the application of the local authority, make a mandatory order requiring the owner to construct or lay such drain or pipe, or the local authority may carry out such works and the expenses incurred by the local authority in respect thereof if not forthwith paid by the owner, shall be recoverable in the manner hereinafter provided. Hoardings to be set up during building operations 82. (1) No person intending to build or take down any building or to alter or repair the outward part of any building, shall do so without the prior written permission of the local authority and without causing sufficient hoardings or fences to be put up in order to *NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
Street, Drainage and Building 105 separate the building where such works are being carried on from any street or footway. (2) Where permission has been granted to any person to do any of the works stated in subsection (1), such person shall— (a) maintain such hoardings or fences as are required in subsection (1) in good condition and to the satisfaction of the local authority; (b) cause such hoardings or fences to be well lighted at night; and (c) remove such hoardings or fences or any scaffolding used in such works within such time as may be specified by the local authority. Penalty (3) Any such person who contravenes subsections (1) and (2) shall be liable on conviction to a fine not exceeding two thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after a notice requiring him to comply with any of the provisions in subsection (1) or (2) has been served on him. Proviso (4) Where the local authority considers the use of a hoarding unnecessary or impracticable, it may give written permission that such building, taking down, alteration or repairs may be done without the erection of a hoarding or fence. Powers as regards building in ruinous and dangerous state 83. (1) If after conducting such inquiry as it thinks fit, the local authority is satisfied that any building or anything affixed thereon is
106 Laws of Malaysia ACT 133 in a ruinous state, likely to fall or is in any way dangerous to any person therein or foot passengers on the streets adjoining such building, the local authority shall serve notice on the owner of such building requiring him to either repair the defects or demolish the building or anything affixed thereon within such period of time as the local authority may specify and the local authority may also require such owner to put up such hoardings or fences of such specifications and within such period of time as it may specify. (2) Notwithstanding any notice under subsection (1), if the local authority is satisfied that it is dangerous for any person to remain or reside inside such building, it may by notice require every occupier of and every lodger in such building to vacate the building within such period of time as it may specify. (3) If upon service of the notice the owner desires to repair, he shall not proceed to do so unless he has obtained planning approval to do so from the relevant authority in charge of town and country planning in the area where his building is situate. (4) Where planning approval has been granted, the owner shall not proceed to repair unless he has submitted such plans and specifications showing the intended repairs and until such plans and specifications have been approved by the local authority. (5) Where the owner fails to put up hoardings or fences within the period of time specified in the notice or fails to put up hoardings or fences in accordance with the specifications of the local authority, the local authority may enter upon such premises where the building is situate and put up such hoardings or fences. (6) Where the owner is unable to demolish such building within the time specified in the notice, the owner may request the local authority to carry out the requirements of the notice. (7) No request by the owner made under subsection (6) shall absolve the owner from his liability under this section unless he makes the request within the time specified for him to demolish such building and unless within the same period of time he—
Street, Drainage and Building 107 (a) deposits with the local authority such sum which the local authority thinks is sufficient to cover the costs and expenses of— (i) demolishing such building; (ii) removal of any movable property found in such building; (iii) storage of such movable property; and (iv) any other activities incidental to or arising out of subparagraphs (i), (ii) and (iii); (b) indemnifies and keeps indemnified the local authority against any claim, damage, loss, action or proceedings that may be brought against the local authority arising out of and incidental to subparagraphs (i), (ii), (iii) and (iv); and (c) notwithstanding any sum paid under paragraph (a), pays the local authority a further sum which may be prescribed by the State Authority for relocation purposes. (8) Any person who fails to comply with any of the requirements of the notice under subsection (1) or (2) shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit for every day that the offence is continued after the expiry of the period specified in the notice. (9) Where the owner fails to comply with the requirements of the notice, the local authority may do any or all of the acts required by the notice and notwithstanding the owner’s liability to pay any fine under subsection (8), the owner shall pay such sums to the local authority as may be required under subsection (7) and shall be deemed to have indemnified the local authority in carrying out the terms of the notice as if he had requested the local authority to do so. (10) A certificate by the local authority stating the sum required to be paid by the owner under subsections (5) and (9) shall be
108 Laws of Malaysia ACT 133 conclusive proof of the sums due and shall not be subject to any appeal or review in any court. Power to shut up and secure deserted buildings 84. (1) If any building or land, by reason of abandonment or disputed ownership or other cause, remains untenanted and thereby becomes liable to be a resort of idle and disorderly persons or otherwise becomes a public nuisance and is complained of by any two or more of the neighbours or by a police officer not below the rank of Assistant Superintendent or by the Health Officer, the local authority, after due inquiry may cause notice in writing to be given to the owner or the person claiming to be the owner, if he is known and resident in Malaysia, or, if he is not known or so resident, may cause such notice to be put on the door of the building or some conspicuous part of the premises, requiring the persons concerned therewith, wherever they may be, to secure and enclose the same or to abate the nuisance within such period of time as it may specify. (2) Any person who fails to comply with the requirements of the notice shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit for every day that the offence is continued after the expiry of the period specified in the notice. (3) Where the owner fails to comply with the requirements of the notice the local authority may do any or all of the acts required by the notice and the cost and expense of doing such work shall be recoverable by the local authority from the owner. Building to which public have access to be clean 85. (1) The owner or the occupier of any building or any part thereof to which the public has access shall— (a) regularly clean and keep clean and in good repair such building or part thereof; and
Street, Drainage and Building 109 (b) keep such building or part thereof free of any condition which may endanger the life or health of his employees, members of the public and other users thereof. (2) Where, in the opinion of the local authority, the owner or the occupier of any such building or part thereof fails to comply with paragraph (1)(a) or (b), the local authority may, by notice in writing, require such owner or occupier within such period as may be specified therein to take such steps as the local authority deems fit. (3) Any person who contravenes subsection (1) or refuses, neglects or fails to comply within such period as may be specified in any notice issued by the local authority under subsection (2), shall be liable on conviction to a fine not exceeding * two thousand ringgit and shall also be liable to a further fine not exceeding two hundred ringgit for every day during which the offence is continued after expiry of the period specified in the notice. (4) Where any person who has been served with a notice under subsection (2) fails to comply therewith, the local authority may in its discretion, and without prejudice to any proceedings under subsection (3) and whether before or after the commencement or conclusion of such proceedings, carry out all or any of the requirements set out in such notice and recover from such person the cost and expenses thereof. (5) The local authority may certify such cost and expenses incurred and the certificate of the local authority shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court. Periodical inspection of buildings 85A. (1) In this section— *NOTE—Previously “one thousand ringgit” and “one hundred ringgit”–see Street, Drainage and Building (Amendment) Act 1994 [Act A903].
110 Laws of Malaysia ACT 133 “engineer” means a Professional Engineer registered under the Registration of Engineers Act 1967 [Act 138]; “owner” means owner of a building and in relation to a subdivided building includes owners of parcels of the building. (2) This section shall apply only to a building exceeding five storeys and any storey of a building which is or at a level lower than the ground storey shall be deemed to be a storey. (3) The local authority may, without prejudice to its powers under section 83, by a notice in writing served on the owner of a building, require the building to be inspected— (a) after the tenth year commencing from the date the certificate of completion and compliance in respect of the building was issued; and (b) thereafter at intervals of not more than ten years from the date of the completion of the last inspection of the building under this section. (4) The owner of a building shall, upon receipt of a notice under subsection (3), cause the building to be inspected within the time specified in the notice by an engineer to be appointed by him. (5) If the notice under subsection (3) is not complied with the local authority may inspect the building or cause the building to be inspected by an engineer appointed by it and recover all expenses reasonably incurred by it in doing so from the owner of the building. (6) An engineer carrying out an inspection under this section shall inspect the building in the manner prescribed in the by-laws which shall take into consideration the following: (a) a visual inspection of the building, including a visual survey of the condition of the building and its structural elements and any addition or alteration to the building and its structural elements;
Street, Drainage and Building 111 (b) the preparation and submission to the local authority of a report of the result of the visual inspection; (c) if, after having considered the results of the visual inspection, the engineer reasonably suspects or is of the opinion that there is a defect, deformation or deterioration in the building or its structural elements as will or will likely endanger or reduce the structural stability or integrity of any part of the building he shall request for permission from the local authority to carry out a full structural investigation on the building including investigation in respect of its structural elements; (d) if the local authority allows the request made under paragraph (c) the engineer shall carry out a full structural investigation which shall include the following: (i) taking all reasonable steps in obtaining information relating to the design, erection, maintenance and history of the building; (ii) checking with reasonable diligence the structural plans of the building together with its structural calculations, or if the plans or calculations are not available to reconstruct such plans and calculations where the local authority so requires, with a view to determine any inadequacy in the structural elements of the building; (iii) carrying out tests on the structural elements of the building without damaging any part thereof; (iv) carrying out tests on the building materials; and (v) carrying out load testing of such parts of the building as the engineer considers necessary; and
112 Laws of Malaysia ACT 133 (e) the engineer shall thereafter prepare and submit to the local authority a report of the full structural investigation and his recommendations. (7) An engineer carrying out an inspection or a full structural investigation on a building shall be entitled at all reasonable times to full and free access to the building and any part thereof he is required to inspect or investigate and any person who hinders, obstructs or delays him in the performance of his duty shall be guilty of an offence. (8) Without prejudice to the right of the local authority to exercise its powers and recover expenses under this section, any owner of a building who contravenes or fails to comply with a notice under subsection (3) shall be guilty of an offence. (9) The State Authority may by order, in the Gazette, provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of completion and compliance has been issued. (10) The local authority may, if it is satisfied after evaluating the visual inspection report submitted under paragraph (6)(b) or the full structural investigation report and recommendations of the engineer submitted under paragraph (6)(e),— (a) accept it in full; (b) reject it; (c) accept part of it; or (d) obtain a second opinion on it. (11) The local authority may thereafter— (a) issue an order to the owner of the building to take the necessary measures to rectify or remedy any defect, deformation or deterioration as recommended by the
Street, Drainage and Building 113 engineer within such period as the local authority may specify; or (b) in place of an inquiry under section 83, issue an order to the owner of the building for closure and demolition of the building. (12) Before exercising its powers under subsection (11), the local authority shall, if it is reasonably practicable to do so, serve a copy of the order made thereunder to every occupier of the building. (13) Any person who fails to comply with an order given under subsection (11) shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine not exceeding five hundred ringgit for every day during which the offence is continued after conviction. (14) Notwithstanding subsection (13), where the owner of a building fails to comply with an order issued under subsection (11), the local authority may take any measure as specified in the said order or secure the closure and demolition of the building and recover from the owner expenses reasonably incurred by it in relation thereto. Nuisances liable to be dealt with summarily under this Act 86. For the purposes of sections 87, 88, 89 and 90— (a) any premises or part thereof of such a construction or in such a state as to be a nuisance or injurious or dangerous to health; (b) any pool, gutter, water-course, cistern, water-closet, water sealed latrine, privy, urinal, septic tank, sewer or drain so foul or in such a state or so situate as to be a nuisance or injurious or dangerous to health; (c) any building which—
114 Laws of Malaysia ACT 133 (i) is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, water sealed latrine, septic tank, urinal or other nuisance; or (ii) is not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious or dangerous to health; (d) any huts or sheds, whether used as dwellings or as stables or for any other purpose, which are by reason of the manner in which the huts or sheds are crowded together or the want of drainage or the impracticability of scavenging or for any other reason a nuisance or injurious or dangerous to health; (e) any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or used for any purpose likely to be injurious to health; shall be a nuisance liable to be dealt with summarily in accordance with sections 87,88,89 and 90. Notice requiring abatement of nuisance 87. (1) On receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.
Street, Drainage and Building 115 Power to require works to be executed (2) The local authority may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if the local authority thinks it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being abated if the local authority considers that it is likely to recur on the same premises. (3) Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner. (4) Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the local authority may cause the same to be abated and may do what is necessary to prevent the recurrence thereof. (5) Where a notice has been served on a person under this section and either— (a) the nuisance arose from the wilful act or default of the said person; or (b) such person makes default in complying with any of the requirements of the notice within the time specified; he shall be liable on conviction to a fine not exceeding five hundred ringgit for each offence whether any such nuisance order as in this Act mentioned is or is not made upon him. On non-compliance with notice, nuisance order to be made 88. (1) If either—
116 Laws of Malaysia ACT 133 (a) the person on whom notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or (b) the nuisance, although abated since the service of the notice, is in the opinion of the local authority likely to recur on the same premises, on complaint by the local authority a Magistrate’s Court hearing the complaint may make on such person a summary order, in this Act referred to as a “nuisance order”. Nuisance order (2) A nuisance order may be an abatement order or a prohibition order or a closing order or a combination of such orders. Abatement order (3) An abatement order may require a person to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order. Prohibition order (4) A prohibition order may prohibit the recurrence of a nuisance. When to specify works to be executed (5) An abatement order or prohibition order shall, if the person on whom the order is made so requires or the court considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance.
Street, Drainage and Building 117 Closing order (6) A closing order may prohibit a dwelling house from being used for human habitation. When to be made (7) A closing order shall only be made where it is proved to the satisfaction of the court that by reason of a nuisance a dwelling house is unfit for human habitation, and, if such proof is given, the court shall make a closing order and may impose a fine not exceeding one thousand ringgit: Provided that a closing order shall not be made unless a notice of the hearing of the complaint on which it is to be made has been posted on the premises in a conspicuous position with an intimation in such notice that any occupant of the premises may show cause against the making of such order. Cancelling closing order (8) A court, when satisfied that the dwelling house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order. Penalty for not complying with order (9) Any person who fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding one hundred ringgit a day during his default. (10) Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be liable on conviction to a fine not exceeding one hundred ringgit a day during such contrary action.
118 Laws of Malaysia ACT 133 (11) In either of the cases mentioned in subsections (9) and (10), the local authority or any person authorised by the local authority in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the expenses thereby incurred shall be paid by the person in default. (12) In case of nuisances caused by the act or default of the owner of premises, such expenses together with any costs and expenses which the court orders such owner to pay shall be deemed to be expenses to which section 104 applies and shall be recoverable under the provisions of that section. (13) A court making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred in obtaining the order. Ejectment after closing order (14) Where a closing order has been made with respect to any dwelling house, the local authority shall serve notice of the order on every occupier of the dwelling-house and within such period as is specified in the notice not being less than seven days (except in case of immediate danger) after the service of the notice the order shall be obeyed by him and he and his family shall cease to inhabit the dwelling house, and in default he shall be liable on conviction to a fine not exceeding one hundred ringgit a day during his disobedience to the order, and the court shall, upon application by the local authority, make a summary order for his ejectment and the same may be carried into effect by any police officer or officer or employees of the local authority authorized in writing by the local authority: Expenses of removal Provided that the owner shall make to every tenant whose tenancy has not been lawfully determined such reasonable allowance, if any, on account of his expenses in removing as a court may allow or
Street, Drainage and Building 119 order, and such allowance shall be recoverable in a summary way before a Magistrate’s Court. Order for demolition of house unfit for habitation 89. (1) Where a closing order has been made in respect of any dwelling house and has not been cancelled by a subsequent order, the local authority, if of the opinion that— (a) the dwelling house has not been rendered fit for human habitation; the necessary steps are not being taken with all due diligence to render it so fit; or (b) the continuance of any building being or being part of the dwelling house is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring dwelling houses, may make a complaint to a Magistrate’s Court, and such court after hearing the complaint may make on the owner a summary order for the demolition of such dwelling house within a time specified in such order. (2) The order may also contain a direction that the materials of the building or any part of such materials shall be destroyed. Execution of Order for demolition 90. (1) Where an order for the demolition of a building has been made, the owner thereof shall, within the time mentioned in such order, take down and remove the building and, if the order for demolition so directs and to the extent therein mentioned, destroy the materials thereof. (2) If the owner fails to comply with the order, the local authority or any person authorized by the local authority in writing in that behalf shall proceed to take down and remove the building and, if
120 Laws of Malaysia ACT 133 necessary, destroy the materials, and may recover the costs of such work from the owner. (3) The provisions of section 104 shall apply to any sum recoverable from the owners under this section. PART VI MISCELLANEOUS Mandatory order 91. (1) Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the specified time, the local authority may make a complaint and the Magistrate’s Court upon hearing the complaint shall make on such owner or occupier a summary order, in this Act referred to as a “mandatory order” requiring such owner or occupier to execute the required work. Terms of mandatory order (2) A mandatory order shall require the person to whom it is directed to execute any work which the court is authorized to require to be executed within a time to be specified in such order and shall also require such person to pay to the local authority a sum for costs and expenses incurred in obtaining such mandatory order. Penalty for non-compliance (3) (a) Any person to whom the order is addressed who fails to comply with the requirements of a mandatory order shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during his default.
Street, Drainage and Building 121 (b) Where the person fails to comply with the order, the local authority may enter the premises and execute the work so required to be executed and the expenses thereby incurred by the local authority shall be recoverable from the person in default in accordance with any law relating to the recovery of fines. Provision as to appeal against order 92. (1) Where a person appeals to the High Court against a mandatory order, no liability to a fine shall arise nor, save as in this section mentioned, shall any proceedings be taken or work done under such order until after the determination or abandonment of such appeal. Penalty where appeal fails (2) Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and such appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during the non-compliance with the order, unless he satisfies the court before which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the High Court, the court may, on dismissing the appeal, impose the fine as if the court were the court before which the summons was returnable. Proceedings pending appeal (3) Where a mandatory order is made on any person and appealed against and the court which made the order is of opinion that the nonexecution of the mandatory order will be injurious or dangerous to public health or safety and that the immediate execution thereof will not cause any injury which cannot be compensated by damages, such court may authorise the local authority immediately to execute the work.
122 Laws of Malaysia ACT 133 (4) The local authority, if it does so and the appeal is successful, shall pay the cost of such execution there and the damages, if any, sustained by the said person by reason of such execution thereof, but, if the appeal is dismissed or abandoned, the local authority may recover the cost of such execution thereof from the said person. Proceedings where owner is unknown 93. (1) Where the name or address of the owner of any premises with regard to which a Magistrate’s Court is empowered to make a mandatory order is unknown and cannot with reasonable diligence be discovered, such court may issue a summons addressed to the owner of the premises. (2) Such summons may be served in the manner specified in section 120. (3) If the owner does not appear upon the hearing of the summons, such court may make such an order upon him in his absence as it might have made in his presence except that it shall not inflict any fine upon him. In case of urgency order may be made ex parte 94. (1) If in any case in which a Magistrate’s Court has jurisdiction to make a mandatory order, the court is of the opinion that the matter complained of will be injurious or dangerous to public health or safety and the immediate execution of the work will not cause any injury which cannot be compensated by damages, such court may, by an ex parte order, authorize the local authority immediately to execute such work. (2) If the application for a mandatory order is subsequently refused, the local authority shall pay the damages, sustained by any person thereby, but if the mandatory order is subsequently granted the local authority may recover the cost of the work.
Street, Drainage and Building 123 Protection of the State Authority and officers from personal liability 95. (1) No matter or thing done and no contract entered into by any State Authority and no matter or thing done by any officer employed in the administration of this Act or other person whomsoever acting under the direction of any State Authority shall if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever. (2) The State Authority, local authority and any public officer or officer or employee of the local authority shall not be subject to any action, claim, liabilities or demand whatsoever arising out of any building or other works carried out in accordance with the provisions of this Act or any by-laws made thereunder or by reason of the fact that such building works or the plans thereof are subject to inspection and approval by the State Authority, local authority, or such public officer or officer or employee of the State Authority or the local authority and nothing in this Act or any by-laws made thereunder shall make it obligatory for the State Authority or the local authority to inspect any building, building to ascertain that the provisions of this Act or any by-laws made thereunder are complied with or that plans, certificates and notices submitted to him are accurate. Indemnity by local authority 96. Any expense incurred by any State Authority, officer or other person acting in accordance with the provisions of section 95 shall be borne by the local authority. Power to enter upon lands for the purposes of this Act 97. Any local authority may, for the purposes of this Act, by its officers, employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land as well for the purpose of making any survey or inspection as for the purpose of executing any work authorized by this Act to be executed by it
124 Laws of Malaysia ACT 133 without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Act: Proviso Provided that the local authority shall not enter into any dwelling house in actual occupation, except with the consent of the occupier thereof or after giving twenty four hours’ previous notice to such occupier: Provided also that the State Authority may declare that any class of premises, for the control and supervision of which by-laws may be made under this Act, are liable to night inspection, and thereupon any officer, employee, agent or contractor in that behalf duly authorized in writing may, at any time of the day or night and without notice, enter using such force as may be necessary into and search or inspect any premises of the class specified in the declaration. Power of any authority to enter on lands adjacent to works 98. (1) Any local authority may, by its officers, employees, agents or contractors, enter upon any land adjoining to or being within the distance of one hundred yards of any works by this Act authorized to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the said works without making any previous payment, tender or deposit, doing as little damage as may be in the exercise of the several powers hereby granted and making compensation for such temporary occupation or temporary damage of the said land two the owner and occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage done and making compensation to the owner also for the permanent injury, if any, to such land.
Street, Drainage and Building 125 (2) If any dispute arises touching on the amount or apportionment of such compensation, the same shall be settled in the manner hereinafter provided. (3) Before any local authority makes any such temporary use as aforesaid of the land adjoining or lying near to the said works, it shall give seven days’ notice of its intention to the owners or occupiers of such land and shall set apart by sufficient fences so much of the land as is required to be used as aforesaid from the other land adjoining thereto. Any local authority in executing works to provide alternative roads, etc., where existing ones are interrupted, etc. 99. (1) Any local authority in executing any works directed or authorized to be made shall provide and make a sufficient number of convenient ways, water-courses, drains and channels in the place of such as are interrupted, injured or rendered useless by reason of the execution of such works. (2) The local authority shall make reasonable compensation to any person who suffers damage by reason of the same, the amount of such compensation in case of dispute to be ascertained and determined in the manner hereinafter provided. Penalty for obstructing any authority in its duty 100. Any person who at any time hinders, obstructs or molests any local authority or any of its officers, employees, agents or contractors in the performance and execution of its duty or of anything which it is respectively empowered or required to do by virtue or in consequence of this Act or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized by this Act, shall be liable on conviction to a fine not exceeding * one *NOTE—Previously “two hundred ringgit” and “three months imprisonment–see Street, Drainage and Building (Amendment) Act 1994 [Act A903].
126 Laws of Malaysia ACT 133 thousand ringgit or to imprisonment for a term which may extend to six months. Compensation, damages and costs to be determined by court 101. (1) Except as herein otherwise provided in all cases when compensation, damages, fees, costs or expenses are by this Act directed to be paid by the local authority to any person or by any person to any other person the amount and, if necessary, the apportionment of the same and any question or liability shall, in case of dispute or failure to pay, be summarily ascertained and determined by a Magistrate’s Court. (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay the same within seven days after demand, such default may be reported to a Magistrate’s Court and such amount recovered in the same way as if it were a fine imposed by a Magistrate’s Court. (3) An appeal shall lie to the High Court from any decision of a Magistrate’s Court under this section, and the provisions of the Criminal Procedure Code [Act 593] shall mutatis mutandis apply to all such appeals. Where occupier defaults owner may execute work 102. Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by him, an occupier of such premises may, with the approval of the local authority, cause such work to be executed and the expense thereof shall be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner and such occupier may, in the absence of any special agreement to the contrary, retain possession until such expense has been fully reimbursed to him.
Street, Drainage and Building 127 Exemption of agent who has no funds in hand 103. (1) No person receiving the rent of premises as receiver or agent for another person shall be liable to do anything by this Act required to be done by the owner of such premises if, after he or the actual owner has been required to do any work, such person gives notice to the local authority, within seven days after such requisition has been made, that he has not sufficient funds of the person on whose behalf he is receiving the rents to pay for such work. (2) In such case the local authority may itself execute the work and the expenses incurred thereby shall be charged and recoverable in the manner hereinafter provided. Recovery of expenses and costs payable by owners 104. (1) All and any sums payable by or recoverable from the owner or owners in respect of expenses and costs incurred by the local authority in or about the execution of any work which are, under this Act recoverable from the owner or owners of any premises shall, subject and without prejudice to any other rights of the local authority, be a first charge on the premises in respect of which such expenses or costs have been incurred. (2) In addition to any other remedies conferred by this Act any such sum may be recovered in the manner hereinafter provided, and the person or persons liable to pay the same shall be the owner or owners at the time when the work was completed. (3) Any occupier who when requested by or on behalf of the local authority to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully mis-states the same shall, unless he shows cause to the satisfaction of the court for his refusal or misstatement, be liable on conviction to a fine not exceeding five hundred ringgit.
128 Laws of Malaysia ACT 133 Proceedings in default (4) If any such sum remains unpaid at the expiration of the prescribed time, a notice shall be served upon the person or any one of the persons, if more than one, liable to pay the same, calling on him to pay the same together with a fee of such amount as may be prescribed for the cost of the notice, within fifteen days of the service of such notice. (5) If no person liable to pay the same can be found, such notice shall be deemed to have been duly served by the posting thereof at the office of the local authority and by fixing a copy thereof on some conspicuous part of the premises in respect of which such expenses or costs have been incurred. (6) At the expiration of the said period of fifteen days or such further period as may be allowed by the local authority, if any such sum or any part thereof remains due and unpaid, it shall be deemed to be in arrears and may be recovered in the manner hereinafter provided. (7) The charge hereinbefore mentioned shall attach, and the powers and remedies hereinbefore conferred shall become exercisable as from the date of completion of the work, and thereafter such powers and remedies may be exercised against the premises or against any movable property or crops for the time being found thereon, notwithstanding any change or changes in the ownership or occupation of the premises subsequent to the said date. Recovery of expenses and costs by instalments 105. (1) When any local authority has incurred expenses and costs in or about the execution of any work, which are, under this Act, payable by or recoverable from the owner or owners, the local authority may either recover such expenses and costs in manner hereinbefore provided or, if it thinks fit, may take an engagement or engagements from such owner or owners for the payment of such instalments as will be sufficient to defray the whole amount of such
Street, Drainage and Building 129 expenses and costs with interest thereon at a rate not exceeding six per centum per annum, within a period not exceeding ten years. (2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof by any such engagement, the whole of the balance then outstanding of such amount, together with any interest in arrears, shall immediately become due and payable and, notwithstanding any charge in the ownership or occupation of the premises since the date of the engagement, may be recovered by the same means and in like manner as provided in section 104. Proceedings for recovery of arrears 106. (1) For the recovery of arrears the local authority shall have and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, either or both of the powers following, that is to say: (a) the local authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay the arrears and may also seize any movable property or any crops to whomsoever belonging which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner; (b) the local authority may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, at the expiration of three months from the date of such notice of sale, the premises in respect of which the arrears are due and, if, at the expiration of such period, such arrears have not been paid or satisfied, the local authority may sell by public auction, in lots or otherwise, the whole of such premises or such portion thereof or such interest therein as it deems sufficient for recovery of such arrears and costs:
130 Laws of Malaysia ACT 133 Provided that the local authority shall not proceed under paragraph (b) to sell the premises in respect of which the arrears are due, or any portion thereof or interest therein, where there is or are upon the premises and liable to be seized and sold under paragraph (a) movable property or crops belonging to the owner of a value estimated by the local authority to be sufficient to realize the sum required to satisfy the arrears and costs. (2) Any tenant, subtenant, or occupier, who, in order to avoid the seizure or sale of his property for non-payment of arrears payable by the owner of the premises, pays such arrears and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the premises or such part thereof as is held or occupied by him, and may retain possession until such amount has been fully reimbursed to him whether by deduction from the rent or otherwise. Any tenant or sub-tenant who has reimbursed, whether by allowing a deduction from his rent or otherwise, any subtenant or occupier holding or occupying under him the amount so paid by such subtenant or occupier shall have a similar right to deduct the amount from the rent due or to become due to his immediate landlord and to retain possession until similarly reimbursed. (3) The receipt of any duly authorized public officer for any amount so paid by any such tenant, subtenant or occupier shall be deemed an acquittance in full for the like amount of rent. (4) If any premises in respect of which arrears are due, or any such movable property or crops as are mentioned in subsection (1) or the proceeds of sale thereof are already in the custody of the law under any process of execution whereby the local authority is unable to exercise the remedies herein before conferred, the local authority may notify the sheriff or the bailiff of the court concerned of the amount of the arrears, and shall be entitled without obtaining a judgment to be paid such amount out of the proceeds of sale of such premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor.
Street, Drainage and Building 131 (5) A certificate from the local authority shall, unless the same be disputed by the judgment debtor, be prima facie evidence of the amount of such arrears, and, in case of dispute, the amount shall be summarily determined by a Magistrate’s Court. Attachment 107. (1) The attachment mentioned in paragraph 106 (1)(a) may be made by a person appointed for the purpose by the local authority who shall publicly notify the attachment and shall take an inventory of the property attached. (2) Such person shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]. (3) Such person may break open in daytime any house or building for the purpose of effecting such attachment. Application of proceeds 108. (1) The proceeds of a sale under subsection 106(1) shall be applied in the first place in satisfaction of the arrears together with interest thereon at the rate of six per centum per annum and costs. (2) In the event of there being any surplus remaining the local authority shall, if satisfied as to the right of any person claiming such surplus, pay the amount thereof to such person or, if not so satisfied, shall hold the amount in trust for the person who may ultimately succeed in due course of law in establishing his title thereto. (3) If no title is established to such surplus within a period of two years from the date of the sale, it shall be paid into the Improvement Service Fund of the local authority.
132 Laws of Malaysia ACT 133 Title conferred by purchase at sale under section 106 109. (1) The purchaser at a sale held under paragraph 106(1)(b) shall be deemed to have acquired the right offered for sale free from all subordinate interests derived from it except such as are expressly reserved by the local authority at the time of sale. (2) The local authority shall notify in such manner as it deems fit the result of the sale and the conveyance to the purchaser of the property or right offered for sale. Cost of proceedings for recovery of arrears 110. All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of such arrears. Power to stop sale 111. If any person having any interest in any property liable to be sold at any time previous to such sale tenders to the local authority the arrears with interest and costs, the local authority shall thereupon desist from all further proceedings in respect thereof. Application to court 112. (1) If any person whose movable property, crop or land has been attached or advertised for sale disputes the propriety of the attachment or sale, he may apply for an order to stay the proceedings. (2) The court, after hearing the local authority and making such further inquiry as is necessary, shall make such order as is just. Security to be given 113. No application shall be entertained by the court under section 112 unless the applicant has deposited in court the amount of the
Street, Drainage and Building 133 arrears and costs or given security for the same to the satisfaction of the court. Liability of transferor 114. (1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the local authority in or about the execution of any work which are, under this Act, recoverable from the owner thereof shall continue to be liable for the payment of all such costs and expenses payable in respect of such property and for the performance of all other obligations imposed by this Act upon the owner of such property which become payable or are to be performed at any time before such notice of transfer has been given. (2) Nothing herein shall affect the liability of the purchaser or transferee to pay such expenses or costs in respect of such property or affect the right of the local authority to recover such costs and expenses from or to enforce any obligation under this Act against the purchaser or transferee. Proceedings if an occupier opposes the execution of works 115. (1) If the occupier of any premises prevents the owner thereof from carrying into effect in respect of such premises any of the provisions of this Act after notice of his intention so to do has been given by the owner to such occupier, a Magistrate’s Court, upon proof thereof and upon application of the owner, may make an order in writing, requiring such occupier to permit the owner to execute all such works with respect to such premises as are necessary for carrying into effect the provisions of this Act and may also, if it thinks fit, order the occupier to pay to the owner the costs relating to such application or order. (2) If after the expiration of eight days from the date of the order such occupier continues to refuse to permit such owner to execute such works, such occupier shall, for every day during which he so continues to refuse, be liable on conviction to a fine not exceeding
134 Laws of Malaysia ACT 133 one hundred ringgit, and every such owner during the continuance of such refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works. Disposal of matters and things removed by local authority 116. (1) Any matter or thing removed by any local authority in executing any work which it is entitled to execute under this Act shall except as otherwise provided be the property of the local authority and may be sold by public auction or, if the local authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale. (2) The moneys arising from the sale may be retained by the local authority and applied in or towards the expenses incurred and the surplus, if any, shall be paid on demand to the owner of such matter or thing. (3) If such surplus is not claimed within two years it shall be paid into the Improvement Service Fund of the local authority. (4) If any matters or things belonging to several persons are removed by the local authority in executing any such work, it shall cause such matters or things, if sold, to be sold separately. Licences to be discretionary 117. (1) The grant or renewal of any licence in pursuance of this Act or any by-laws made thereunder shall be in the discretion of the local authority or person authorized to grant or renew the same and a licence may be granted, renewed or refused without assigning any reason therefor and may be granted or renewed subject to such restrictions and conditions as the local authority or person granting or renewing the same may think fit and such licence shall be subject to suspension or revocation at any time without compensation and without notice by the local authority upon breach of any restriction or condition subject to which it was issued.
Street, Drainage and Building 135 (2) The local authority or person authorised to grant or renew such licence may require any applicant therefor to furnish such information as the local authority or that person may reasonably require for a full and proper consideration of the application and in the event of a refusal to furnish such information shall refuse to grant or renew such licence. (3) Save as otherwise provided any licence granted or renewed in pursuance of this Act or any by-laws made thereunder may be for such period not exceeding twelve months as the local authority thinks fit. (4) There shall be charged for the grant or renewal of any licence such fee, if any, as may be prescribed. (5) No such licence shall be transferable without the consent of the local authority. (6) Save as otherwise provided any person aggrieved by the refusal by any local authority to grant or renew a licence or by the suspension or revocation by such local authority of any licence may within the month of such refusal, suspension or revocation appeal to the State Authority whose decision thereon shall be final. (7) In this section “licence” includes any approval, consent permit, permission, authorization or licence which may be granted in pursuance of this Act or any by-laws made thereunder. Notices, etc. 118. The State Authority may prescribe the form of notices and other documents issued under this Act. Receipts and notices may be given by officer authorized thereunto 119. (1) All notices, orders, receipts, warrants and other documents of whatsoever nature which a local authority is empowered to give by
136 Laws of Malaysia ACT 133 this Act or any by-laws made thereunder may be given by any officer or employee authorized thereunto by the local authority. (2) Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the local authority or any officer or employee authorized thereunto by the local authority affixed thereto shall be sufficient authentication. Service of notices 120. (1) Every notice, order, summons or document required or authorized by this Act or any by-laws made thereunder to be served on any person may be served— (a) by delivering the same to such person or by delivering the same at the last known place of abode of such person to some adult member or servant of his family; (b) by leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or (c) by forwarding the same by post in a prepaid cover addressed to such person at his usual or last known place of abode or business. (2) A notice, order, summons or document required or authorized by this Act or any by-laws made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description. (3) A notice, order, summons or document required or authorized by this Act or any by-laws made thereunder to be served on the owner or occupier of any premises may be served by delivering the same or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing the notice, order, summons, or document to some conspicuous part of the premises.
Street, Drainage and Building 137 Default in compliance with notice. General penalty 121. (1) When any notice under this Act or any by-laws made thereunder requires any act to be done or work to be executed by the owner or occupier of any premises and default is made in complying with the requirement of such notice, the person in default shall, where no fine is specially provided for such default, be liable on conviction to a fine not exceeding * ten thousand ringgit or if any work is required to be done, not exceeding one thousand ringgit a day. (2) When any such notice requires any act to be done or work to be executed for which no time is fixed by this Act or any by-laws made thereunder, it shall fix a reasonable time for complying with the requirement. Court for trial of offences 122. Any offence under this Act or any by-laws made thereunder may be tried by a Magistrate’s Court. Prosecution 123. No prosecution for an offence under this Act or any by-laws made thereunder shall be instituted except by or with the written consent of the Public Prosecutor. Employee of authority may demand names and addresses in certain cases 124. (1) Any person who is charged by any officer or employee of the local authority or any police officer with any offence under this Act or any by-laws made thereunder shall give his name and address to such officer, employee or police officer, if so required. *NOTE—Previously “five hundred ringgit” and “one hundred ringgit”–see Street, Drainage and Building (Amendment) Act 1994 [Act A903].
138 Laws of Malaysia ACT 133 (2) The occupier of any premises shall, if required by any officer or employee of the local authority or any police officer, give the name and address of the owner of the premises, if known. Penalty (3) Any person who offends under this section or wilfully misstates his name and address or the name and address of the owner of any premises shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit. Power of arrest 125. (1) Any police officer or any officer or employee of the local authority duly authorized in writing by the local authority generally or in any particular case may arrest any person committing any offence in his view or who he has reason to believe has committed any offence punishable under this Act or any by-laws made thereunder— (a) if the name and address of the person are unknown to him; (b) if the person declines to give his name and address; or (c) if there is reason to doubt the accuracy of the name and address, if given. (2) A person arrested under this section may be detained until his name and address are correctly ascertained: Provided that no person so arrested shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.
Street, Drainage and Building 139 Saving of prosecutions 126. Nothing in this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or any by-laws made thereunder or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or any by-laws made thereunder: Provided that no person shall be punished more than once for the same offence. General penalties 127. Any person guilty of an offence under this Act or any by-laws made thereunder for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding ten thousand ringgit and shall also be liable to a further fine not exceeding five hundred ringgit for every day that the offence is continued after conviction. Damage to property of local authority to be made good in addition to penalty 128. (1) If through any act, neglect or default any person has committed an offence under this Act or any by-laws made thereunder and by such act, neglect or default such person has caused damage to any property belonging to the local authority, such person shall in addition to any penalty that may be imposed for that offence, be liable to make good the damage. (2) The amount of such damage shall, in case of dispute be determined by the court by which the party incurring such penalty is convicted. (3) The amount of such damage shall be recovered as if it were a fine imposed by the court.
140 Laws of Malaysia ACT 133 Inaccuracies in documents 129. No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act or any by-laws made thereunder shall in any way affect the operation of this Act or any such by-laws as respects that person or place if that person or place is so designated in the document as to be identifiable, and no proceedings taken under or by virtue of this Act or any such by-laws shall be invalid for want of form. Evidence 130. (1) The contents of any document prepared, issued or served under, by virtue of or for the purpose of this Act shall until the contrary be proved be presumed to be correct and the production of any book purporting to contain any apportionment made under or by virtue of this Act or any by-laws made thereunder shall without any other evidence whatever, be received as prima facie proof of the making and validity of the apportionment mentioned therein. (2) All records, registers and other documents required by this Act or any by-laws made thereunder to be kept by the local authority or by any public officer shall be deemed to be public documents and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies, or extracts, as the case may be, subscribed by such officer with his name and his official title shall be admissible in evidence as proof of the contents of such document or extract thereof. Evidential provisions 131. Notwithstanding the provisions of any written law, in any proceedings under this Act or any by-laws made thereunder, a certificate for the purpose of establishing— (a) the registered proprietor of any land;
Street, Drainage and Building 141 (b) the registered owner of a motor vehicle; which purports to be signed by the District Land Administrator or the Director for Road Transport, as the case may be, shall unless the contrary is proved, be evidence of any fact stated therein. Improvement Service Fund 132. (1) There shall be established for the purpose of this Act in each local authority a fund to be known as the “Improvement Service Fund” into which shall be paid all moneys that may from time to time be paid to a local authority for the purposes of carrying out the provisions of this Act, all moneys recoverable by the local authority from any person under this Act or any by-laws made thereunder and any contributions from any person towards the beautification, construction or laying out of any street, * drain, culvert, gutter or water-course. (2) The Improvement Service Fund shall be administered by the local authority at its absolute discretion. (3) Without prejudice to the generality of paragraph (2) the local authority may pay out from the Improvement Service Fund any expenses which may be incurred in carrying out the provisions of this Act. PART VII BY-LAWS By-laws 133. The State Authority shall have the power to make by-laws for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act, and for prescribing any matter which is authorized or required under this Act to be prescribed, and in *NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
142 Laws of Malaysia ACT 133 particular and without prejudice to the generality of the foregoing for or in respect of all or any of the matters specified hereunder— (i) the laying or carrying of any line of rails, mains, pipes, conduits or electric lines *(other than sewers) along, through, across, over or under any street or any place laid out or intended for a street; (ii) the granting of licences for the carrying and maintenance of telegraphic wires or cables or wires for the conveyance of electricity along or across or under public streets and the fixing and levying of annual or other fees therefor; (iii) the level, width and construction of streets and the repairing, cleaning, watering and lighting of streets, roads, canals and bridges and the planting and preservation of trees; (iv) the supervision and control of back-lanes under the control of the local authority, of public streets and of streets laid out or constructed by the local authority, the licensing of persons to use such streets and back-lanes for any purpose or in any particular manner other than in the exercise of any right of way thereover; (v) the construction, paving, width and level of arcades and footways; (vi) the construction, maintenance and repair in any building or on any premises of a water supply, sanitary accommodation, sink accommodation, bathing and washing accommodation; (vii) * (Deleted by Act A867); *NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
Street, Drainage and Building 143 (viii) (Deleted by Act A1312); (ix) the provision, construction, maintenance and repair of wells, tanks and cisterns; (x) the prevention, removal and suppression of obstructions or encroachments in or on backlanes, public streets, private streets and arcades abutting thereon and the provision, construction, dimensions and paving along any portion of any land alongside such streets; (xi) the closing, fencing, lighting and repair of any works, hole or place likely to be a danger to the public; (xii) the construction, alteration and demolition of buildings and the methods and materials to be used in connection therewith; (xiia) the submission of plans, specifications, calculations, particulars, documents and reports relating to erection of building, the persons principal submitting persons and submitting persons and their duties and responsibilities, and the form and nature or classification of such plans, calculations, particulars, documents and reports; (xiib) the manner and procedure for making an application for the approval of plans and specifications for erection of building; (xiic) the planning, design and erection of building including— (a) the structural strength of the building; (b) the stability of the building;
144 Laws of Malaysia ACT 133 (c) precautions against overloading; (d) measures to safeguard adjacent buildings; and (e) underpinning; (xiid) the provision of embankments and retaining walls; (xiie) the submission of particulars of qualified persons, contractors, skilled construction workers and construction site supervisors engaged or employed for the purposes of or in the erection of building; (xiif) the prescribing of documents, books or records to be kept and reports or certificates to be made or issued under this Act; (xiig) the time, manner and procedure for the issuance of the certificate of completion and compliance and partial certificate of completion and compliance; (xiih) the manner and procedure for the sampling of building materials; (xiii) the manner for carrying out periodical inspection of buildings and the form in which the reports required in relation thereto shall be submitted; (xiii) the frontage of, air space about, lighting, air conditioning, ventilation, height of and approaches and entrances to, the provision of parking places for vehicles in or for and exits from buildings; (xiv) the minimum timber or other building material content in any building;
Street, Drainage and Building 145 (xv) the dimensions of rooms, cubicles, staircases and other parts of buildings and the provision of light and air thereto; (xvi) the provision for the paving, width and level of arcades and footways; (xvii) the provision in any building or on any premises of a water supply, sanitary accommodation, sink accommodation, bathing and washing accommodation; (xviii) the provision, construction, maintenance and repair of drains* ; (xix) (Deleted by Act A1312); (xx) the prescribing of forms for licences and other purposes for use in connection with this Act; (xxi) securing the prevention and the prevention of the spread and extinguishment of fire; Such by-laws may include— (a) provisions for building materials to be fire resisting and for the fire resistance grading of such materials; (b) provisions regarding methods of construction and design of any building to secure its safety from fire; (c) provisions for means of escape from any premises in the event of fire and for the maintenance of such means of escape; (d) provisions for fire stops and fire breaks; *NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
146 Laws of Malaysia ACT 133 (e) provisions with regard to access to premises for the fire brigade in the event of fire, and include means of access within a building for fire fighting purposes; (f) provisions for the ventilation of buildings for the purpose of removing gases and smoke that may be caused by a fire; (g) provisions for fire fighting equipment both manual and automatic and of fire detectors and fire alarms and their maintenance; (h) provisions for an adequate supply of water for fire fighting purposes; (i) any other measures for the safety of fires and the prevention and spread of fire; (xxii) to require the owner or occupier of premises, or any other person having a duty under this Act or any by-law made thereunder, to execute any work or perform any act necessary in the opinion of the local authority to secure compliance with such Act or by-laws and in default of compliance with such requirement on the part of such owner or occupier or other person, to authorize the local authority to execute such work or perform such act itself and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of any such act, from such owner, occupier or other person, as the case may be; (xxiii) in case of emergency or where the owner cannot after due enquiry be found, to authorize the local authority to execute such work or perform such act itself without first requiring the owner,
Street, Drainage and Building 147 occupier or other person as aforesaid to do so, and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of such act from such owner, occupier or other person; (xxiv) to apportion responsibility for failure to any building or parts of a building and to require any person or class of persons to report such failures and to explain the causes of such failure; (xxv) the payments to be made for, and other incidents of, licences and permits issued under this Act; (xxvi) the fees, costs and other sums charged for any matter or thing required or authorized to be done under this Act; (xxvii) the collection, remission, rebate or deferment of payment of any sum required to be paid under this Act; (xxviii) the offences under this Act and any by-laws made thereunder which may be compounded by the local authority, the persons who may compound, the limit of the sum of money to be collected by such local authority for compounding such offences and the procedure and forms to be complied with in compounding; and (xxix) in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
148 Laws of Malaysia ACT 133 PART VIII REPEALS, TRANSITIONAL PROVISIONS, ETC. Repeals, transitional provisions, etc. 134. (1) The laws specified in the Schedule are hereby repealed as from the commencement of this Act. (2) The Yang di-Pertuan Agong may, at any time within the period of five years beginning with the commencement of this Act, by order under this section— (a) repeal any other written law in force immediately before that commencement and rendered obsolete or unnecessary by any provision thereof; (b) make such repeals or amendments in any such law as he may consider necessary for the purpose of bringing the provisions thereof into accord with the provisions of this Act, or of supplementing the last mentioned provisions in any respect: Provided that the power conferred by this subsection shall not be exercised in respect of a State Law otherwise than with the concurrence of the State Authority. Power of State Authority to make transitional provisions, etc. 135. The State Authority may, by regulations, make such provision as it may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act, and any such regulations may be so made so as to have effect as from the commencement of this Act.
Street, Drainage and Building 149 SCHEDULE REPEAL A. The Town Boards Enactment [F.M.S. Cap. 137] of the Federated Malay States. Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(a), (d), subparagraphs (g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91,91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116, 117, 118, 119, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 133A, 134 and 134A. B. Municipal Ordinance [S.S. Cap 133]. Paragraphs 58(1)(g), (j) and (ee), Sections 95, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 139A, 140, 141, 142, 142A, 143, 144, 144A, 144B, 144C, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156A, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 170A, 170B, 170C, 219, 229, paragraphs 245(a), (b), (except in so far as it applies to dung-pit and ash-pit), (e), subparagraphs 245(e)(i) and (ii), paragraphs 245(f) and (k), sections 369, 370 and 395A. C. Johore Town Boards Enactment [Johore No. 118]. Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraph 78(d), subparagraphs 78(g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91, 91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 133A, 134 and 134A. D. Kelantan Municipal Enactment 1938 [Kelantan 20 of 1938]. Sections 11A, 44, 45, 45A, 46, 46A, 46B, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57.
150 Laws of Malaysia ACT 133 E. Terengganu Town Board Enactment 1355 [Terengganu 12 of 1355]. Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(i), (iv), subparagraphs (vii)(a) and (b), paragraphs 78(viii) and (xii), 89, 90, 91, 91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116, 117, 120, 121, 122, 129, 130, 131, 133, 133A, 134, 134A and 143. ______________ APPENDIX STREET, DRAINAGE AND BUILDING ACT 1974—ACT 133 Date of coming into force of the Act in local authority of: State Effective date Authority Federal Territory of 01-01-1977 P.U. (B) 588/1976 Kuala Lumpur JOHORE Municipal Council of— Johore Bahru 01-02-1984 P.U. (B) 53/1984 District Council of— Pontian 01-02-1984 P.U. (B) 54/1984 Muar Utara 01-02-1984 P.U. (B) 55/1984 Muar Selatan 01-02-1984 P.U. (B) 56/1984 Kluang Utara 01-02-1984 P.U. (B) 57/1984 Kluang Selatan 01-02-1984 P.U. (B) 58/1984 Kota Tinggi 01-02-1984 P.U. (B) 59/1984 Mersing 01-02-1984 P.U. (B) 60/1984 Batu Pahat Barat 01-02-1984 P.U. (B) 61/1984 Batu Pahat Timur 01-02-1984 P.U. (B) 62/1984 Segamat Utara 01-02-1984 P.U. (B) 63/1984 Segamat Selatan 01-02-1984 P.U. (B) 64/1984 Kulai 01-02-1984 P.U. (B) 65/1984 Johore Bahru Tengah 01-02-1984 P.U. (B) 66/1984 Kawasan Rancangan 03-02-1988 J.P.U. 4/1988 Perumahan Kangkar Tebrau, (ss 6 to 35) Johor Bahru Peringkat I, II dan III